Handbook Revision, June 2020

This revision of the Child Protective Services Handbook was published on June 1, 2020.

On September 1, 2017, the investigations branch of CPS became a separate division named Child Protective Investigations (CPI). Until CPI develops its own policy handbook, investigation policies and procedures will remain in the CPS handbook.

See:

Child Protective Services Revisions

Child Protective Investigations Revisions

Child Protective Services Revisions

Intensive Psychiatric Transition Program (PATS 11947)

The items below are revised to allow more children to be eligible for and accepted into the IPTP program.

DFPS amended its rules in 2019 to change the eligibility criteria for the IPTP program. Previously, a child had to have been in DFPS conservatorship for the past 90 days, and meet the other criteria, to be eligible for IPTP. Under the new rules, the 90-day minimum is eliminated; if the other criteria are met and the child is currently in conservatorship, the child is eligible for IPTP.

This policy is being updated to make it consistent with the rules. The revised criteria will now be included in the policy (4242 Eligibility for IPTP Placement) instead of only by referencing the Foster and Licensed Facility Placements Resource Guide. The eligibility criteria will remain in the resource guide as well and will be updated to match the rule and the policy.

See:

4240 The Intensive Psychiatric Transition Program: Short-Term Therapeutic Placement

4241 IPTP 60- to 120-Day Limit

4242 Eligibility for IPTP Placement

4243 Referring a Child for IPTP Placement

4243.1 Required Documentation

4243.2 Referral Process

4244 Planning for Discharge from IPTP Placement

4244.1 Submitting the Child’s Service Level Request

4244.2 Discharge from IPTP Placement

4245 Requesting Extension of an IPTP Placement

4245.1 Extension Granted

4245.2 Extension Not Granted

Sealing Juvenile Records (PATS 11983)

CPS updated its policy for when a youth may ask a court seal his or her juvenile record. The youth must meet one of the following criteria to file an Application for Sealing Records:

  • The youth is at least 17 years old (previous policy said 18 years old).
  • If the youth is younger than 17, at least one year has passed since the date of final discharge in each matter for which the youth was referred to the juvenile probation department (previous policy required two years to have passed).

The youth must also meet other criteria. These policy changes are necessary to comply with House Bill 1760 from the 86th Legislative Session.

See:

6820 CPS Youth and Municipal or County Courts and the Juvenile and Criminal Justice Systems

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6825 Sealing Juvenile Records for Minor Offenses

FBSS Background Checks and Safe Sleep (PATS 12202)

Two policies on family-based safety services (FBSS) are revised to reflect the following:

  • The caseworker completes a child abuse and neglect history check on any new person who moves into the home and a criminal history check if the person is age 14 or older.
  • The caseworker consults with his or her supervisor to determine whether a frequent visitor to the home needs a criminal and child abuse and neglect history check.
  • At least once each month, the caseworker views the sleeping arrangements for any child under 12 months of age and discusses them with the parents or caregivers. The caseworker does this more often if the caseworker has reason to believe that the parents or caregivers are not following safe sleep guidelines.

See:

12621 Criminal and DFPS Background Checks

12630 Safe Sleep and Other Safety-Related Issues

Child Protective Investigations Revision

Emergency Assistance (EA) Eligibility (PATS 11612)

This revision clarifies and expands the policy about determining and documenting whether a child is eligible for emergency assistance (EA). This revision updates the policy to comply with audit findings.

See:

2700 Emergency Assistance (EA) Eligibility

2710 Determining the Family’s Total Annual Family Income

2711 People for Whom to Collect Income Information

2712 Types of Income Information to Collect

2713 Verification of Income

2714 Documentation

2720 Responding to the Eligibility Statements

2721 Risk Level

2722 Child’s Living Situation

2723 Cause of the Risk

Updated Terminology for Child Protective Investigations (PATS 11662)

This revision updates terminology used for investigations. This includes references to CPI investigators and alternative response (AR) caseworkers and replaces references to CPS with references to CPI.

See:

1454 Releasing Information for the Safety or Protection of a Child or Family, or for Legal Processes

1454.1 Sharing Information during the Course of an Investigation

1454.2 Releasing Information to Locate Missing Parents or Children

1454.3 General Prohibition against the Release of Criminal History Records Information

1454.31 Exception Allowing Release: of Information for Court and Administrative Hearings

1454.32 Exception Allowing Release: of Information for Child Safety or Worker Release to Carry Out Certain DFPS Functions

1454.33 Releasing Information for the Child's Safety

1454.34 Criminal History Information Policy

1454.35 Texas Law Enforcement Telecommunications System (TLETS)

1454.4 Releasing Information to Law Enforcement Agencies, Out-of-State Child Protective Services Agencies, and County, District, or Prosecuting Attorneys

1454.41 Sharing Information during an About an Open Investigation Case

1454.42 Sharing Information after the Investigation is Closed About Criminal Activity at Any Case Stage

1454.43 Sharing Information with Law Enforcement about Criminal Activity at Any Case Stage Closed Case Records

1454.5 Releasing Information to the Family Court, or to Comply With a Court Order

1454.6 Releasing Information to Court-Appointed Attorneys and Guardians Ad Litem

1454.7 Sharing Information with Court-Appointed Special Advocates Staff and Volunteers

1454.8 Protecting Locating Information of Family Violence Victims